In today's society, de facto relationships are increasingly common. These relationships, while similar to marriages, lack the formality of a wedding ceremony. However, de facto couples still acquire assets and incur liabilities throughout their relationship. When a de facto relationship breaks down, navigating the division of these assets and debts can be complex.
This article explores de facto relationship property settlements in Cairns, Australia. We'll discuss your rights and obligations, the factors considered during a settlement, and the importance of seeking legal advice from experienced family lawyers like Collier Family Lawyers Cairns.
A de facto relationship is a domestic relationship between two people who are not married but live together as a couple on a genuine domestic basis. The Family Law Act 1975 (Cth) (the Act) sets out the legal framework for de facto relationships in Australia.
To be considered a de facto couple under the Act, you must meet the following criteria:
When a de facto relationship ends, the Act provides a framework for dividing property acquired during the relationship. This process is known as a de facto property settlement.
The de facto property settlement process aims to achieve a just and equitable division of property considering each partner's contributions. There is no automatic 50/50 split, and the following factors are considered:
De facto property settlements can be emotionally charged and legally complex. Seeking legal advice from an experienced family lawyer is crucial for several reasons:
Collier Family Lawyers Cairns is a leading family law firm with extensive experience in de facto property settlements. Our team of compassionate and skilled lawyers understand the emotional and financial challenges associated with relationship breakdowns.
We provide tailored legal advice specific to your circumstances and work tirelessly to achieve a fair and just outcome for you. Our services include:
In Queensland, you generally have two years from the date of separation to file a de facto property settlement application in the Federal Circuit and Family Court of Australia. However, there are exceptions to this time limit, so it's important to seek legal advice as soon as possible.
If you and your former partner cannot reach an agreement on dividing your property, you may need to attend mediation or apply to the court for a determination.
Even if you were not in a de facto relationship for two years, you may still be eligible for a property settlement if you have a child together. The Family Law Act recognises that having a child together can create a significant emotional and financial commitment, even if the relationship itself is relatively short-lived.
While de facto relationships and marriages share many similarities, there are key differences in terms of legal rights and obligations. Married couples have automatic rights to property division and spousal maintenance, while de facto couples must meet specific criteria to establish their relationship for legal purposes. Additionally, the process for ending a marriage and dividing assets differs from that of a de facto relationship.
Navigating a de facto relationship breakdown can be overwhelming, especially when it involves dividing property and assets. Understanding your rights and obligations is essential to protect your financial future.
Collier Family Lawyers Cairns is committed to providing compassionate and expert legal advice to help you through this challenging time. Our experienced team will guide you through the de facto property settlement process, ensuring your interests are protected and your voice is heard.
Don't face this alone. Contact Collier Family Lawyers Cairns today for a confidential consultation.